C1Part 2Regulation of Social Housing
Chapter 3Registration
Eligibility
I1115Profit-making and non-profit organisations
1
Each entry in the register shall designate the body registered as either—
a
a non-profit organisation, or
b
a profit-making organisation.
F42
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F53
A body is a non-profit organisation if—
a
it is a registered or non-registrable charity and satisfies Conditions 1 and 2, or
b
otherwise, it satisfies Conditions 1 to 3.
4
Condition 1 is that the body—
a
does not trade for profit, F6...
F7b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Condition 2 is that a purpose of the body is the provision or management of housing.
6
Condition 3 is that any other purposes of the body are connected with or incidental to the provision of housing.
F86A
The fact that a body is prohibited by its constitution from trading for profit does not, of itself, mean that it is a body which does not trade for profit for the purposes of subsection (4)(a).
7
The Secretary of State may make regulations providing that a specified purpose is to be, or not to be, treated as connected with or incidental to the provision of housing.
8
A body which is not a non-profit organisation under subsection F9... (3) is a profit-making organisation.
9
F110
Subsection (1) does not apply to the entry of a local authority in the register (and, accordingly, references to “profit-making” and “non-profit” in connection with a registered provider do not refer to a local authority).
Pt. 2 modified (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 69(2); S.I. 2012/628, art. 6(i) (with arts. 911141517)